Support

A cookie is a piece of data stored by your browser or device that helps websites like this one recognize return visitors. We use cookies to give you the best experience on BNA.com. Some cookies are also necessary for the technical operation of our website. If you continue browsing, you agree to this site’s use of cookies.

Nov. 18 — Starbucks Corp. is taking to a federal court in California its defense against sexual
orientation bias and harassment claims brought by a gay former barista who alleged
he was told to “man up” and “control”
his mannerisms (
Horne v. Starbucks Corp.
, E.D. Cal., No. 16-2727, removed
11/16/16
).

The company Nov. 16 removed Chad Horne’s lawsuit from a state court to the U.S. District
Court for the Eastern District of California. Horne has 30 days to challenge the move.

The case serves as a reminder that despite the current legal debate over whether federal
law prohibits workplace bias based on sexual orientation, many states provide such
protection. California is one of 23 states that bar sexual orientation bias in employment.

Worker Told to ‘Tone It Down.’

Horne, who worked at a Starbucks location in Auburn, Calif., alleged he was subjected
to physically threatening contact from male co-workers and hostile comments about
his sexual orientation from female managers.

Male co-workers once squeezed Horne between their bodies in a threatening manner,
according to Horne’s complaint, which was filed Sept. 29 in a California superior
court. In another incident, they embarrassed him by bending in front of him “with
their buttocks in the air,” he alleged.

Horne complained to managers, one of whom allegedly used a homosexual slur against
him and said, “You’re a grown man, you don’t have to behave so gay.” He further claimed
that general and regional managers told him to “tone it down” and asked him if he
could “control” his mannerisms.

Horne’s attorney told Bloomberg BNA Nov. 18 that those managers “engaged in unfair
conduct toward him just because of his sexual orientation.”

“He had no other choice but to quit his employment,” said Roman Otkupman of the Otkupman
Law Firm in Woodland Hills, Calif.

Horne’s complaint includes a claim for constructive discharge in violation of California
public policy, in addition to state law bias, harassment and retaliation claims. It
also includes state wage-and-hour claims alleging that Starbucks failed to provide
him with rest periods and failed to pay his final wages.

A Starbucks attorney declined to comment on the lawsuit Nov. 18, but a company spokesman
told Bloomberg BNA that Starbucks takes the allegations “very seriously.”

“Our policies absolutely prohibit discrimination or harassment of any kind, and we
are committed to treating each other with respect and dignity,” he said. “But given
that this is pending litigation, we have no further comment at this time.”

Rita Leong of the Otkupman Law Firm also represents Horne. Danielle Ochs and Andrea
L. Fellion of Ogletree Deakins in San Francisco represent Starbucks.

To contact the reporter on this story: Jay-Anne B. Casuga in Washington at
jcasuga@bna.com

All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to books@bna.com.

Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)

Notify me when updates are available (No standing order will be created).

This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to research@bna.com.

Put me on standing order

Notify me when new releases are available (no standing order will be created)